Since the first Executive Order limiting immigration from certain Muslim countries in January, the technology community has been making its voice heard—from thousands of technology employees pledging never to work on databases for a Muslim registry or other discriminatory purposes to Airbnb offering free housing to refugees and individuals impacted by the anti-immigration order to countless CEOs issuing statements communicating solidarity with immigrants and support of diversity.

This past week, through an amicus brief filed by Fenwick & West, a group of technology companies spoke out against a recent Executive Order that threatens to cut off all federal grants to local governmental entities that decline to participate in federal immigration enforcement.

Many of these communities—sometimes referred to as "sanctuary cities" or "sanctuary jurisdictions"—have adopted policies against cooperation with federal efforts to deport undocumented immigrants, and oppose having their police forces conscripted into federal immigration enforcement.

Although the Executive Order does not define "sanctuary jurisdictions," and it is not clear whether any particular city or county might be targeted by the order, it is likely to have serious and harmful consequences for both the technology industry and our local communities as a whole.

Fenwick filed the amicus brief on behalf of these technology companies in two sanctuary jurisdiction cases pending in the Northern District of California, in which the County of Santa Clara and the City and County of San Francisco are asking the U.S. District Court to issue a nationwide injunction, barring the federal government from enforcing the Executive Order against potential "sanctuary jurisdictions."

The County of Santa Clara has challenged the constitutionality of the Trump Administration’s Executive Order 13,768, which purports to make so-called “sanctuary jurisdictions”, including “sanctuary cities”, largely ineligible for federal grants.

The Counties of Santa Clara and San Francisco are seeking preliminary injunctions preventing enforcement of the order. While a motion has been filed to consolidate the cases, the hearing dates for the injunction remain scheduled for April 5, 2017 (Santa Clara case), and April 12, 2017 (San Francisco case).

Fenwick’s brief supports issuing these injunctions, noting that nearly every major technology hub in America is a city at risk of being labelled a “sanctuary” jurisdiction and losing federal funding or federal grants. The brief argues (a) that the Executive Order undermines the right of local governments to make their own public safety determinations and set their own law enforcement priorities, (b) that the order threatens the well-being of the communities in which technology companies are embedded, (c) that the order undermines the ability of technology companies to recruit the best employees, and (d) that it makes even lawful immigrants feel unsafe in America. Finally, the Executive Order seeks to compel conduct antithetical to the values of inclusiveness, diversity and openness that have enabled Silicon Valley to thrive.

We’re proud to have taken this first step in support of the Counties of Santa Clara and San Francisco’s legal fight.

Rural Immigrant Connect uses videoconferencing to connect pro bono lawyers in the Bay Area and Silicon Valley with immigrant clients in California's Central Valley, some of whom have fled violence in Central America and desperately need representation.

“It was a privilege to help our client find safety and a new life in the U.S.,” Schomp said. “The Fenwick team empowered the client to be his own best advocate. We’re thankful for Fenwick’s support on the project as a whole. It’s extremely encouraging to see a firm so dedicated to pro bono work.”

03/07/2017

Crowdsourcing has galvanized large numbers of activists and enthusiasts around everything from artisanal businesses to urban planning to climate change.

It’s no surprise that innovative thinkers in the legal community are applying the concept to help address the needs of the underrepresented. Lawyers gathering this month at the 2017 South by Southwest® (SXSW) conference in Austin, Texas, say the potential of crowdsourcing to expand access to justice to vulnerable communities is immense.

California, with its sizable immigrant population and significant number of working lawyers, has a particular need. The state is home to the largest immigrant population in the United States (10.3 million people) and leads the nation in the number of immigrants who are eligible to become citizens (an estimated 2.5 million).

California also has the country’s largest lawyer population. With over 166,000 licensed, active lawyers, the state’s legal system should be uniquely positioned to meet the legal needs of immigrants through a robust and proactive pro bono system.

However, the vast majority of California’s lawyers work in urban and metropolitan areas, making it challenging for them to connect with immigrants in isolated and rural areas of the state.

At SXSW, the panelists will discuss the challenges and promise of disruptive, crowdsourced models for providing legal assistance to vulnerable populations throughout the global community.

Part of the "Social Impact" track of SXSW, the panel showcases the future of advocacy and new approaches to making justice accessible to all.

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At Fenwick & West, we are proud of our commitment to the community and to our culture of making a difference in the lives of individuals and organizations in the communities where we live and work. We recognize that providing legal services is not only an essential part of our professional responsibility, but also an excellent opportunity for our attorneys to gain valuable practical experience, learn new areas of the law and contribute to the community.